Two attorneys in Anchorage say Gov. Michael Dunleavy was not authorized by the Alaska Constitution to call the Special Session in Wasilla.
They filed a lawsuit in Anchorage Superior Court on Monday. It was assigned to Judge Herman Walker. [Update: Judge Walker has recused himself and it has been assigned to Judge Josie Warton.]
Dunleavy called the Legislature into Special Session starting July 8, and set the location as Wasilla, as allowed by Alaska Statute.
But attorneys Kevin McCoy and Mary Geddes say that because most of the lawmakers didn’t go to Wasilla, the governor’s call is unconstitutional as the Wasilla group does not have a quorum, while the lawmakers who decided to meet in Juneau do have a quorum.
They say the governor has deprived Alaskans of a functioning legislature.
The lawyers, who are a married couple, asked for an expedited hearing. Geddes, a registered Democrat, was a project attorney at Alaska Criminal Justice Commission. McCoy is a retired U.S. magistrate judge and a registered nonpartisan voter.
Their lawsuit appears to rest on the argument that if something is not specifically addressed in the Constitution, then it is unconstitutional.
If the couple wins, then governors in the future will be forced to call Special Sessions in Juneau.